Callahan, FL asked in Probate for Florida

Q: Can my sister have me kicked out by going to probate?

My son & I have lived here with my mom and dad for over 20 years and i was their caretaker until they passed. I had power of attorney for both and I'm on their joint bank account. Mom passed away in Dec and dad in Apr. My sister wants the courts to kick me and my son out so the property can be sold and split up between me and her. She has her own home with her family. We have nowhere else we can go. Can she really have them kick us out?

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: yes.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I am sorry for your loss and your situation. Nothing will happen until a probate is filed for your Dad, since your sister is not yet an owner. I would consult with a probate attorney to determine your best options going forward.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: If you and your sister are the two heirs then likely yes. You need to hire a probate attorney to represent you in this whole situation.

Good luck.

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